ORDINANCE NO. 080878

Approving an amendment to a previously approved preliminary plan in District PD/R-5 on approximately a 12 acre tract of land generally located at 2401 Gillham Road (5688-PD-20).

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That an amendment to a previously approved preliminary plan in District PD/R-5 (Planned Development Overlay/High Apartments) on approximately a 12 acre tract of land generally located at 2401 Gillham Road, and more specifically described as follows:

Lot 1 - All that part of the Northwest Quarter of the Southeast Quarter of Section 8, Township 49, Range 33, more particularly described as follows: Beginning at the intersection of the easterly right of way line of Locust Street as dedicated by Ordinance No. 38037 and the south right of way line of vacated 24th Street as vacated by Ordinance No. 940288; thence North 230'54" East, along said easterly right of way line of Locust Street; 50.00 feet to the northerly right of way line of said vacated 24th Street; thence continuing North 230'54" East, along said easterly right of way line of Locust Street, 384.89 feet to a point on the southerly right of way line of 23rd Street as dedicated by Ordinance No. 21826; thence South 8711'10" East, along said southerly right of way line of 23rd Street, 456.10 feet to the centerline of vacated Kenwood Avenue as vacated by Ordinance No. 60410; thence South 225'53" West, along said centerline of vacated Kenwood Avenue, 84.18 feet; thence North 8714'57" West, 27.52 feet; thence South 5937'46" West, 75.27 feet; thence South 232'47" West, 75.98 feet; thence South 5246'24" West, 15.30 feet; thence South 27'52" West, 35.36 feet; thence South 4716'52" East, 15.49 feet; thence South 302'39" West, 128.03 feet to a point on the northerly right of way line of said vacated 24th Street; thence continuing South 302'39" West, 25.20 feet to the centerline of said vacated 24th Street; thence South 8712'22" East along said centerline of vacated 24th Street, 119.82 feet; thence South 233'00" West, 465.30 feet; thence North 8716'34" West, 145.04 feet; thence South 227'35" West, 106.11 feet; thence North 8716'31" West, 338.71 feet to a point on said easterly right of way line of Locust Street; thence North 229'37" East, along said easterly right of way line of Locust Street, 572.00 back to the point of beginning containing 431,474 square feet or 9.905 acres, more or less, all in the City of Kansas City, Jackson County, Missouri.

Lot 2 - All that part of the Northwest Quarter of the Southeast Quarter of Section 8, Township 49, Range 33, more particularly described as follows: Beginning at the intersection of the centerline of vacated 24th Street as vacated by Ordinance No. 940288 and the westerly right of way line of Holmes Street as dedicated by Ordinance No. 33066; thence South 232'57" West, along said westerly right of way line of Holmes Street, 571.03 feet; thence North 8719'35" West, 266.91 feet; thence North 227'35" East, 106.11 feet; thence South 8716'34" East, 145.04 feet; thence North 233'00" East, 465.30 feet to the southerly right of way line of said vacated 24th Street; thence continuing North 233'00" East, 25.00 feet to said centerline of vacated 24th Street; thence South 8712'22" East, along said centerline of vacated 24th Street; 121.98 feet back to the point of beginning containing 88,121 square feet or 2.023 acres, more or less, all in the City of Kansas City, Jackson County, Missouri.

is hereby approved, subject to the following conditions:

1. That the developer design and install overhead flashers at the intersection of Holmes Road and 22nd Street at the time of development of Phase 1, Step 2, as shown on the development plan, and as required by the Public Works Department.

2. That the developer install signing and marking for the turn restrictions recommended for Locust Street (south) and Gillham Road with the approval of the Public Works Department at the time development of Phase 1, Step 2, as shown on the development plan, and as required by the Public Works Department.

3. That the developer enter into a cooperative agreement with the City and contribute 25 percent of the cost (not to exceed $45,000.00) of installing the traffic signals at Holmes Road and 22nd Street, as required by Public Works, at the time of development of Phase 2, as shown on the development plan. The traffic signals shall be installed when warranted, subject to the availability of funds, as determined by the Public Works Department.

4. That the developer enter into a cooperative agreement with the City and contribute 25 percent of the cost (not to exceed $15,625.00) of installing interconnect cable along Holmes Road between 22nd Street and 23rd Street and along 22nd Street between Gillham Road and Holmes Road at the time of development of Phase 2, as shown on the development plan. The interconnect cable will be installed when the traffic signal at Holmes Road and 22nd Street is installed, as required by the Public Works Department.

5. That the developer enter into a cooperative agreement with the City and contribute 50 percent of the cost (not to exceed $90,000.00) of installing the traffic signals at Gillham Road and 23rd Street (extended) at the time of development of Phase 2, as shown on the development plan, and as required by Public Works. The traffic signals shall be installed when warranted subject to the availability of funds, as determined by the Public Works Department.

6. That the developer enter into a cooperative agreement with the City and contribute 50 percent of the cost (not to exceed $7,500.00) of installing interconnect cable along Gillham Road from 22nd Street to 23rd Street (extended) at the time of development of Phase 2, as shown on the development plan. The interconnect cable will be installed when the traffic signal at Gillham Road and Locust Street (north) is installed, as required by the Public Works Department.

7. That the developer submit a detailed micro storm drainage study, consisting at a minimum of a letter from a Missouri licensed civil engineer stating that the proposed improvements will not alter or increase historical runoff conditions for the site, to Development Services prior to review and issuance of any building permits, and that the developer construct any improvements, as required by Development Services.

8. That the developer submit a letter from a licensed civil engineer, licensed architect, or licensed landscape architect, who is registered in the State of Missouri, stating the condition of the sidewalks, curbs, and gutters. The letter must identify state of repair as defined in Chapters 56 and 64, Code of Ordinances, for the sidewalks, curbs, and gutters. It shall identify the quantity and location of sidewalks, curbs, and gutters that need to be constructed, repaired, or reconstructed. The developer shall secure permits to repair or reconstruct the identified sidewalks, curbs, and gutters as necessary along all development street frontages, as required by Development Services, prior to issuance of a certificate of occupancy.

9. That the developer submit plans for grading, siltation, and erosion control to Development Services for review, acceptance, and permitting prior to beginning any construction activities.

10. That the developer secure a site disturbance permit from Development Services prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area equals one acre or more.

11. That the developer provide for fire protection as required by the Fire Department prior to construction beyond foundations.

12. That the developer secure the approval of the Board of Zoning Adjustment for all necessary variances.

13. That the dedication of right of way for Holmes Street in conformance with secondary arterial/bicycle route standards is waived.

14. That the developer submit a final plan for each phase to the City Plan Commission for approval, including plans for landscaping, signage (including elevations), lighting (including a photometric study showing zero footcandles at the hospital property line and no direct illumination of any right of way) and building elevations.

A copy of said amendment is on file in the office of the City Clerk with this ordinance and is made a part hereof.

Section B. That the Council finds and declares that before taking any action on the proposed amendment hereinabove, all public notices and hearings required by the Zoning Ordinance have been given and had.

_____________________________________________

I hereby certify that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

___________________________________

Secretary, City Plan Commission

Approved as to form and legality:

___________________________________

M. Margaret Sheahan Moran

Assistant City Attorney